07/15/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M.,
, 1 ♦ COUNCIL
KALISPELL, MONTANA, MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Finance Director Rick Wills, Public Works Director Susie Turner, and
Deputy City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Gabriel moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — July 1, 2013
2. Proclamation — Flathead CARE Glacier Rally in the Rockies Weekend
Kenyon moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
C. PUBLIC COMMENT
Jerry Begg, 220 Woodland Avenue, again requested to be placed on an Agenda regarding the issues
with his proposed coffee house and said he would also like to see council help people who own
vacant buildings downtown. He also thanked Bob and Claire Hafferman for their public service over
the years.
Karlene Osorio-Khor, The Lark, LLC, noted despite some comments to the contrary, her phone
number on the county election city candidates' page was simply a typographical error and not a
conspiracy.
Linda Giselle, PO Box 8512, Kalispell, commented the traffic problems by Lowe's are not caused by
panhandlers, but by bad drivers.
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July 15, 2013
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Eugene Thomas, 733 3rd Avenue East, noted he is concerned with the city taking over electrical
permitting from the state, noting the hiring of an additional staff person will cost more money than
the program generates.
Jim Cossitt, 1231 6th Street West, said he perceives the council's refusal to appoint himself and
Justin Ahmann to the Impact Fee Committee as a denial of the constitutional rights of citizens to
participate in government. He asked council to reconsider their decision and take action regarding the
committee.
Sherry, stating she is homeless, remarked the council does not have the right to pass a panhandling
law and it is a denial of the First Amendment. She said she needs help and the only way to get it is to
ask someone for it.
D. PUBLIC HEARING — PRELIMINARY BUDGET
Mayor Fisher opened the public hearing and asked for comments concerning the Fiscal Year 2014
Preliminary Budget.
Eugene Thomas, 733 3rd Avenue East, reiterated his concerns with the cost of taking over the
electrical inspections and suggested the budget could be cut by 3.5%-4.5% without affecting
services.
Mayor Fisher closed the public hearing.
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I L M A 0
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This is a request for a Planned Unit Development overlay on two undeveloped tracts of land located
immediately north of Mergenthaler Transport on the east side of US Highway 93 South. Ordinance
1728 passed first reading on July 1 with a 6-1 vote.
Public Comment
None.
Atkinson moved second reading of Ordinance 1728, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by attaching a
Planned Unit Development Overlay on certain real property currently zoned B-5
(Industrial/Commercial), more particularly described as Lots I and 2 of the Mergenthaler
Subdivision in the northwest quarter of the southwest quarter of Section 28, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell
Growth Policy 2020, and to provide an effective date. The motion was seconded,
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July 15, 2013
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Council Discussion
Hafferman stated he will vote against this because he does not believe a PUD is necessary.
Guiffrida countered a PUD overlay is the correct procedure.
The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner,
Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against,
E/2. ORDINANCE 1729 — PANHANDLING — 2ND READING
This ordinance places certain restrictions on panhandling within the city limits. Ordinance 1729
passed first reading with several amendments on July I with a 6-1 vote.
Russell explained the amendments from the July I meeting and staff answered questions.
Public Comment
Jim cossitt, 1231 6th Street West, remarked he objects to the "government infringing on rights that
the People have reserved for themselves". He said this is not about public safety, but about not
wanting to look at certain people.
Karlene Osorio-Khor, The Lark LLC, noted this ordinance does not condemn poor people and that
public safety is the issue here.
Sherry, homeless, questioned the definition of "panhandling" in the ordinance and stated this is a
First Amendment issue.
Guiffrida moved second reading of Ordinance 1729, an ordinance amending the City of
Kalispell Municipal Code regarding certain restrictions on the act of panhandling to be
codified at Chapter 19, declaring an effective date and authorizing the city attorney to codify
the same. The motion was seconded,
Council Discussion
Hafferman emphasized this does not ban panhandling; it just sets forth rules for civility.
Kenyon remarked he is still opposed to this ordinance because of its constitutional overreach.
Atkinson moved to strike Section 19-19 D(5) which reads, "By panhandling in a group of two
or more persons". The motion was seconded.
There was discussion.
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The amendment failed upon roll call vote with Atkinson, Hafferman, and Kenyon voting in
favor, and Gabriel, Guiffrida, Kluesner, Saverud, Zaver, and Mayor Fisher voting against.
There was further discussion.
Mayor Fisher remarked this is a vast improvement over the old ordinance.
The main motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Hafferman,
Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor and Kenyon voting against.
RESOLUTION 5628 — CALLING FOR PUBLIC HEARING — LIGHT
Mum coo Wou
This resolution schedules a public hearing for August 5 on a proposed increase in the assessments for
light maintenance.
Russell gave a report on the proposed change in assessments for the lighting district, street
maintenance, solid waste, and urban forestry.
Public Comment
None.
Saverud moved Resolution 5628, a resolution setting a date for a public hearing on a proposal
to adopt an increase to the assessments .on real property within the City of Kalispell for the
costs of the Light Maintenance District. The motion was seconded,
Council Discussion
Hafferman reminded everyone these resolutions simply schedule a public hearing, which is a
requirement for any rate increase.
The motion carried unanimously upon roll call vote.
E/4. RESOLUTION 5629 — CALLING FOR PUBLIC HEARING — STREET
This resolution schedules a public hearing for August 5 on a proposed increase to the assessments for
street maintenance.
Public Comment
None.
Atkinson moved Resolution 5629, a resolution setting a date for a public hearing on a proposal
to adopt an increase to the assessments on real property within the City of Kalispell for the
Street Maintenance District, known as Special Maintenance District No. 1. The motion was
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uUmorm
Council Discussion
None.
The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Hafferman, Kenyon,
Kluesner, Saverud, and Zauner voting in favor, and Mayor Fisher voting against,
RESOLUTION 5630 — CALLING FOR PUBLIC HEARING — SOLID WASTE FEES
This resolution schedules a public hearing for August 5 on a proposal to remove the discount for
multiple pickups for commercial solid waste customers.
Public Comment
None.
Kenyon moved Resolution 5630, a resolution setting a date for public hearing on a proposal to
adopt an increase to the fees, schedules, rates, charges and classifications imposed upon the
commercial customers of the City of Kalispell Solid Waste utility. The motion was seconded,
Council Discussion
None.
The motion carried unanimously upon roll call vote.
ASSESSMENTS
This resolution schedules a public hearing for August 5 on a proposed increase in the assessments for
the Urban Forestry District.
Public Comment
None.
Kenyon moved Resolution 5631, a resolution setting a date for a public hearing on a proposal
to adopt an increase to the assessments on real property within the City of Kalispell for the
costs of the Urban Forestry Maintenance District. The motion was seconded.
Council Discussion
None.
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The motion carried unanimously upon roll call vote,
Russell noted the next work session will be held on July 29 and will cover the Extension of Services
Plan and public works definitions.
Mayor Fisher asked in Russell could respond to Eugene Thomas' concerns. Russell said the city did
hire an additional person with an electrical background in the building department, but the new hire
is filling a vacancy; not a new position. In addition, Russell explained the electrical permitting
program is included in an upgraded software program the city has already purchased for the Planning
and Public Works offices and therefore will not cost any additional money.
In response to comments made by Jim Cossitt, Mayor Fisher commented Kalispell provides the
public more opportunities to participate in the governmental process than any other city in Flathead
County, and just because a person applies to a board position doesn't mean he/she has a fundamental
right to be appointed.
The meeting was adjourned at 9:00 p.m.
Theresa White
City Clerk
Approved August 5, 2013
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